I. INTRODUCTION

We built LawVedic to be a platform where individuals in need of legal help can easily connect with qualified attorneys. Our mission is to make the process of finding and hiring a lawyer as smooth and painless as possible. But, along with that objective comes some expectations about how our platform can and cannot be used.

This agreement is a contract that explains how our platform works, what you can expect from us, and what we expect from you. By using any aspect of our service, you agree to be bound by this contract, as well as our Privacy Policy. If you do not agree to the terms of this contract or our Privacy Policy, you will not be authorized to use the LawVedic platform, so please contact us and we will remove your account.

As long as you agree to the terms, we would love to have you as a valued user of LawVedic! If you have any questions about any part of this contract, please contact us. We will be glad to help explain the meaning of these terms and why they are important. We are also open to suggestions if you have ideas of how our system or these terms can be improved.

Definitions Used in This Agreement

This contract is referred to as the “Agreement,” the “Terms of Use,” “Terms of Service,” or just simply “Terms.”

The LawVedic service is referred to as the “Service,” the “Platform,” the “System,” or simply “LawVedic.” You are referred to generally as a “User,” or collectively as “Users.” Users seeking legal counsel are referred to as “Client,” collectively “Clients,” and attorneys providing legal counsel are referred to as “Attorney” or “Lawyer,” collectively “Attorneys” or “Lawyers.”

“Authorized Communications” or “Communications” are any means of interacting with other users through the Platform, including but not limited to the following: sending messages either on site or via email so long as the content of the email message is posted to LawVedic; sending or requesting Price Quotes; creating projects; requesting or scheduling phone consultations; or calling an Attorney’s direct phone line provided by LawVedic.

A “Price Quote,” collectively “Price Quotes,” is defined as an offer made by a Lawyer on the Platform to assist a Client with a particular legal service. A Price Quote includes the billing method, estimated cost of the service, any required deposits or retainer payments, the introductory message, and any other communications of any kind sent from a Lawyer to a Client in response to a request from the Client.

A “Qualified Lead,” collectively “Qualified Leads,” is defined as a Client that has responded directly to a Price Quote by one or more means of Authorized Communications.

II. THE LAWVEDIC AND USER RELATIONSHIP: LAWVEDIC IS SOLELY A MARKETPLACE

LawVedic is an Internet marketplace that facilitates the connection and communication between our Users. The Service may also include payment processing for services delivered, in the event that both the Lawyer and Client agree to establish a paid relationship. However, LawVedic makes no warranties or representations regarding the actual processing of payment as we have a 3rd party payment-processing affiliate with independent terms to which all Users must adhere. LawVedic itself does not provide legal advice. LawVedic is not an Attorney referral service and does not endorse any particular Attorney. LawVedic is a neutral, third party Platform that takes no interest in the actual rendering of legal services.

LawVedic makes no guarantees that Users will successfully find a Lawyer through our Service. LawVedic takes no interest in, and offers no opinion on, when or if an attorney-client relationship is formed. Formation of an attorney-client relationship is a matter to be handled entirely by the Lawyer and Client on their own terms and in accordance with local law. We do encourage both the Lawyer and Client to use our platform freely for any communications throughout this process.

LawVedic does not involve itself in the agreements between Lawyers and Clients, nor the work generated by any LawVedic Users. Although we take steps to ensure we deliver a quality Service, we cannot ensure the quality of any work delivered by Users on LawVedic, or the integrity of any party in an agreement. The User, and not LawVedic, is solely responsible for making an assessment about the integrity and trustworthiness of any persons with whom the User communicates, hires, or pays while using the Service.

No attorney-client relationship formed

Any use of the LawVedic Service is solely intended for the purpose of facilitating interactions between a prospective Client and Lawyer. While Attorneys and Clients may choose to establish an attorney-client relationship following engagement through one or more means of Authorized Communications on the Platform, the mere use of the Platform alone is not intended to, nor will it create an attorney-client relationship between any two Users, or between any entity or User and LawVedic itself.

LawVedic does not vouch for or endorse any of its Users

LawVedic makes no endorsement of any kind regarding its Users. LawVedic is solely a platform to allow for Communications between Attorneys and prospective Clients. LawVedic makes no representation concerning an Attorney’s abilities or qualifications, with the exception that LawVedic took reasonable steps to verify the following: 1) that the Attorney was licensed to practice law in at least one state at the time of registration; 2) that the Attorney had no public records of malpractice, ethical violations, or other misconduct reported on his/her record with the corresponding State Bar Association. LawVedic disclaims all liability in the event that an Attorney listed on the Platform does not maintain the requisite standards for admission, falsely represents their information, or commits any act of malpractice or misconduct. LawVedic does not monitor the accuracy of statements or other information that Users submit on the System. LawVedic reserves the right to screen and/or remove Client projects for quality assurance purposes.

LawVedic does not provide legal advice

LawVedic is not a law firm, lawyer, or other provider of legal services. LawVedic does not offer legal advice, recommendations, mediation, or legal counseling under any circumstance. LawVedic is not a party or participant in any provision, rendering, receipt or solicitation of any legal advice, opinion, counsel, information, or guidance. LawVedic discourages Users from accepting as true any information received from any source found on this Service, unless it is through Communications with an Attorney that the User connected with on the Platform.

LawVedic is not a Lawyer Referral Service

LawVedic is not a lawyer referral service and does not provide such services. LawVedic provides on its platform a directory of participating Attorneys, which is provided solely for the purposes of information, advertising, and communication. LawVedic provides tools to assist Clients in identifying relevant participating Attorney(s) who may help them with their legal needs, but Clients acknowledge that LawVedic does not recommend, endorse, or qualify any particular Attorney. LawVedic takes no interest in the process of hiring an Attorney whatsoever. Hiring an Attorney is done solely at the Client’s own discretion.

Price Quotes are not solicitations

LawVedic allows Clients to solicit Price Quotes from Attorneys related to specific types of legal services. Lawyer Price Quotes are not to be considered unauthorized solicitations because they are only sent in direct response to a prospective Client that has expressly indicated the desire to be contacted by an Attorney upon submitting a request into the System. By submitting a project or request, all Clients thereby authorize one or more Attorneys to contact them directly through the Service by any means of Authorized Communications in regard to their legal matter.

Price Quotes are strictly advertising material and are not binding

Price Quotes are considered advertising material and are solely meant for advertising purposes. The Price Quotes are not binding offers and under no circumstances will a Lawyer be held to the terms or conditions contained within a Price Quote. They are meant solely to be guidelines to give a prospective Client an idea of the total cost and scope of legal services should the Client decide to formalize an attorney-client relationship and hire an Attorney.

LawVedic does not split legal fees with Attorneys

LawVedic is offered as a free service for Clients in need of legal help. LawVedic does not partake in unauthorized fee sharing of any kind with Attorneys. Lawyers may be charged various fees for their ongoing use of the LawVedic service, including but not limited to the following: monthly subscription fees, advertising and marketing fees, and transaction and/or payment processing fees.

Engagement letters and other contractual attorney-client relationships are not monitored by LawVedic

If Attorneys and Clients choose to formalize the scope of their attorney-client relationship, it is to be done on their own terms, regardless of their use of the LawVedic platform. LawVedic does not monitor any such documents or contracts exchanged between Lawyers and Clients through the Platform or otherwise. LawVedic is solely meant to allow for and facilitate communications between Users, and is thus akin to an email service for purposes of sending documents and communicating. LawVedic does not define what the scope or nature of the attorney-client relationship will be and takes no interest in it whatsoever.

Disclaimer of representations by Users

LawVedic makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation provided by any of the Attorneys, law firms, or legal service providers listed on the Platform.

LawVedic Attorneys are responsible for performing their own conflicts check

All Attorneys on the LawVedic platform should perform conflicts checks in accordance with the appropriate state bar ethical rules before interacting with Clients or viewing information submitted by Clients on the website. Conflicts checks are to be performed independently of the LawVedic platform. LawVedic seeks to provide enough relevant information for the Attorneys to make an accurate estimate of the cost to provide the required legal services. In the event that an Attorney receives information about a Client that would compromise the provision of legal services due to a conflict of interest, the Attorney, and not LawVedic, is responsible for any damages or ethical violations that may result.

III. USER GUIDELINES

In order to make sure the LawVedic platform remains valuable and useful for all Users, it is important that Users abide by the rules. LawVedic reserves the right to deny further access to its Service to any User who violates these rules, is the subject of complaints by other LawVedic Users, or for any other reason or no reason at all.

Guidelines for Attorneys

  • Do not attempt to contact a Client outside of the LawVedic platform, unless that person has already contacted you on the Platform in response to your Price Quote and therefore has become a Qualified Lead
  • Do not include any contact information, including your email address, phone number, website URL, or any other means of directly contacting you whatsoever, in your initial Price Quote message
  • Do not encourage a Client to respond to your Price Quote outside the platform, or otherwise attempt to get around paying service fees in any way
  • Do not falsify or provide misleading information on the LawVedic Platform including, but not limited to, misrepresenting your Price Quotes, qualifications, experience level, education, profile picture, Bar card information, client reviews, or insurance information
  • You must accurately estimate, to the best of your ability, the total cost of your legal services when submitting a Price Quote. Submitting a Price Quote of $0 in an attempt to conduct an unpaid consultation is not allowed. However, you may indicate that you are willing to provide a free consultation before taking any payment for legal services.
  • When operating on the LawVedic Platform you are required to comply with the ethical or professional rules of conduct of the jurisdiction in which you are practicing law at all times and LawVedic will not be held accountable for any violations of any ethical or professional rules of conduct.

Guidelines for Clients

  • Do not attempt to contact a Lawyer outside of the LawVedic platform, unless you have already communicated via Authorized Communications through the System
  • Do not submit false or misleading information
  • Do not use the LawVedic Platform for any reason other than connecting with lawyers for the purpose of seeking legal representation. Any solicitation of commerce to the Lawyers on the Platform is strictly prohibited.
  • Do not submit any information that you would like to remain confidential while submitting your initial lawyer request.

Guidelines for all Users

No User may engage in any of the following activities on our system:

  • do or say anything to injure or harm others
  • display material containing nudity or pornographic material of any kind
  • use the messaging system, questionnaires, or any other parts of the service for any reason but for the purpose of seeking legal counsel
  • provide material in any form that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity
  • violate the rights of another, including but not limited to the intellectual property rights of another
  • violate Internet standards
  • interfere with or disrupting the Service or servers or networks connected to the Service by posting advertisements or links to competing services, transmitting “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of e-mail
  • encourage any illegal activity, including anything to do with illegal drugs, gambling, pornography, prostitution, child pornography, robbery, spreading computer viruses, cracking into private computer systems, software infringement, trafficking in credit card codes, or other crimes
  • compromise the security of the Service LawVedic provides. Do not try to gain access to system areas private to LawVedic, or to other Users.

IV. DISCLAIMER OF INFORMATION OBTAINED ON THE SERVICE

LawVedic provides Attorneys and potential Clients with an Internet forum that acts as an open marketplace. LawVedic is not responsible for the content of materials posted on its platform. The opinions and views expressed are those of the individual Users of the Service and do not reflect those of LawVedic. Data submitted by Users (both Attorneys and Clients) is not verified for accuracy in any way before it appears on the LawVedic platform. Please use caution and common sense when using our Service.

LawVedic may from time to time take steps to verify that Attorneys on the platform remain in good standing. However, LawVedic does not continuously or regularly review the standing of any Attorney with any regulatory authority. LawVedic takes steps to attempt to verify that all Attorney members were in good standing at the time of registration only. LawVedic is unable to track, or continually monitor the standing of each attorney using the Service. Therefore, LawVedic makes no representation regarding the current status, standing or ability of any attorney or law firm that is listed on the Service. When considering employing any Attorney or law firm, the Client is solely responsible for checking the Attorney’s current standing with the state bar and reviewing the Attorney’s background and experience level.

Clients are urged to make their own independent investigation and evaluation of any Lawyer or law firm being considered for legal representation. The determination of the need for legal services and the choice of legal representation are extremely important decisions and should not be based solely on advertisements, claims of expertise, or on the cost of rendering the requested legal services.

LawVedic is not responsible for, and in no way endorses, any description or indication of specialization or limitation of practice by an Attorney or law firm. Please be aware that no agency or board may have certified such attorney as a specialist or expert in any indicated field of law practice. In addition, an attorney claiming specialization is not necessarily any more expert or competent than other attorneys. It is up to the Client to question the Attorneys on the factual basis of any statement they make and verify the accuracy of all information.

Users are encouraged to use caution when reviewing Price Quotes and any other information submitted by Attorneys. Although LawVedic strongly encourages Attorneys to comply with all regulations governing Attorney conduct, it is impossible for LawVedic to monitor members’ integrity or compliance with applicable rules of conduct.

LawVedic in no way endorses the content or legality of any responses, statements, or promises made by Attorneys or any other parties, on or off the LawVedic platform.

V. CONFIDENTIALITY

LawVedic makes every effort to maintain the confidentiality of any information submitted by Users to our Service and stored on our databases. However, because we cannot control the conduct of others, we cannot guarantee that this information will remain confidential. Please use caution when deciding what information to share or disclose when using the Service. Do not make any confessions or admissions. Do not provide any other highly personal, sensitive, or incriminating information. LawVedic is not responsible for the release or improper use of such information by other Users or any release of information due to error or failure. LawVedic reserves the right to screen and monitor Client questionnaires and messages between Users for quality assurance purposes. However, these communications will never be displayed publicly or intentionally disclosed to anyone outside of the LawVedic organization.

By using the service, Clients agree that Attorneys contacted through the Service may report to LawVedic on whether their services were engaged by the Client, as well as the total Attorney’s fees paid.

VI. INDEMNIFICATION

The User agrees that LawVedic is not responsible for any harm that the Service may cause directly or indirectly. The User agrees to indemnify, defend, and hold LawVedic harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Service. The User agrees that this defense and indemnity shall also apply to any breach by the User of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to LawVedic, its affiliates, directors, officers and employees. LawVedic reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of LawVedic.

VII. COMMUNICATIONS AND OTHER DATA

LawVedic is not responsible for any loss of data resulting from accidental or deliberate deletion, network or system outages, file corruption, or any other reasons.

VIII. OTHER LAWVEDIC RIGHTS

LawVedic also reserves the following rights:

  • to release current or past User information in the event LawVedic believes that accounts are in violation of the Terms or page content guidelines, used to commit unlawful acts, if the information is subpoenaed, and/or if LawVedic deems it necessary and/or appropriate;
  • to deny service to offenders of these guidelines or the Agreement;
  • to terminate or deny service to anyone in our sole discretion;
  • to use User data and information for analytical purposes;
  • to disclose User data and information in the aggregate and without any personally identifying information;

IX. MODIFICATIONS TO TERMS OF SERVICE

LawVedic reserves the right to modify the Terms of Service for any reason, without notice, at any time, and without liability to any Users. The User may not be notified of the change and will be responsible for promptly reading and complying with the new Terms. Continued use of the Service will indicate acceptance of and agreement with any changes to the Terms.

X. MODIFICATIONS TO SERVICE

LawVedic reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to the User. The User agrees that LawVedic shall not be liable to the User or any third party for any modification or discontinuance of the Service. The User acknowledges and agrees that any termination of Service under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that LawVedic may immediately delete data and files in the User’s account and bar any further access to such files or the Service.

XI. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL THE LAWVEDIC PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE LAWVEDIC CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LAWVEDIC PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE LAWVEDIC PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE LAWVEDIC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE LAWVEDIC PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LAWVEDIC’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE LAWVEDIC PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE LAWVEDIC PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LAWVEDIC IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

XII. ARBITRATION

Any controversy or claim arising out of or relating to this Agreement or LawVedic services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of Los Angeles, California, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or LawVedic may seek any interim or preliminary relief from a court of competent jurisdiction in the County of Los Angeles, California, necessary to protect the rights or property of the User or LawVedic pending the completion of arbitration. This arbitration clause does not prohibit either LawVedic or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within the County of Los Angeles, California.

XIII. GENERAL

This Agreement, incorporates by reference our Privacy Policy and any notice by LawVedic contained in any of the Web site pages and constitutes the entire understanding between the User and LawVedic regarding the User’s relationship to our Service.

Users can reach our Service from all fifty states. Each of these places has a different set of laws. Since LawVedic cannot keep track of all these laws and their requirements, the Agreement and the relationship between the User and LawVedic shall be governed by the laws of the State of California without regard to its conflict of law provisions.

If LawVedic fails to exercise or enforce any right or provision of this Agreement, that failure shall not be used to prove that LawVedic has waived the right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Agreement remain in full force and effect.

XIV. TIME LIMITATION ON CLAIMS

The User agrees that any claim you may have arising out of or related to your relationship with LawVedic must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

XV. ENTIRE AGREEMENT

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and LawVedic and governs your use of the Service, superseding any prior agreements between you and LawVedic. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of LawVedic. Any purported assignment or delegation by you without the appropriate prior written consent of LawVedic will be null and void. LawVedic may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

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